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When people use the term "adoption records" it is somewhat vague. Which records they mean can vary greatly. However, most people are talking about accessing the original birth certificate when they talk about unsealing "adoption records."

Access laws vary from state to state. Six states allow unrestricted access to original birth certificates by adopted adults. No court order is required. These states are Oregon, Alabama, New Hampshire, Maine, Alaska and Kansas. In fact, Alaska and Kansas have never sealed original birth certificates from adopted citizens. The other four states have changed laws to reopen these records to adopted persons.

Other states have laws that allow access to original by records by some, but not all adopted citizens. The laws vary, based on differing criteria such as the year the adoption took place.

Some states that require a court order, such as California and New York, have included in their legislative language the need to show "good and compelling cause" in order to have the petition granted. "Good and compelling cause" has no definition, and whether or not it has been met is left to the discretion of each individual court. States that require "good and compelling cause" notoriously deny most petitions, citing lack of "good and compelling cause."

It is best to check with the laws in the state where an adoption was finalized to determine the means by which an original birth record can be accessed by an adopted person.

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Q: Can sealed adoption records be unsealed?
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